Why is USCIS not updating the case status following our I-829 RFE response? - EB5Investors.com (2024)

FAQs

Why is USCIS not updating the case status following our I-829 RFE response? - EB5Investors.com? ›

The online case status update page is often behind schedule or could reflect outdated or incorrect information. You can write to the USCIS Investor Program

If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to reach out to the USCIS Contact Center at 1-800-375-5283.

Upon receiving an RFE, a petitioner has a limited time to respond. The response deadline will be indicated in the RFE and is typically between 30 and 90 days. Once an RFE has been issued, all work on the case is halted—so a prompt response is important.

However, for about two or three years since COVID, US government has issued a blanket extension of 60 more days, which makes it about 150 days.

When they get your response, sometimes a case status online will be updated to indicate that they received your response to RFE and working on your case. Often, they don't post any case status update online.

USCIS also provides data on approval percentage after an RFE. According to USCIS, the “approved with RFE“ percentage was 79.8% in FY 2023, which is a decrease from 85.5% in FY 2022.

There are two ways to confirm that USCIS has your request for evidence (RFE). First, you can wait for USCIS to mail you a confirmation letter stating it received your RFE response. Second, you can check the USCIS online case tracker. You'll need your receipt number to check your case status.

Generally speaking, the approval rate for an I-526 petition is from about 75% to over 80%. Because it is assumed that an EB-5 Investor who receives approval for the I-526 petition, will apply for conditional permanent resident status, the approval rate for the I-829 petition is around 90% and above.

To qualify a project must fall under the category of national interest or demonstrate an urgent humanitarian need. Investors who choose expedited processing are typically moved to the front of the queue and can expect processing times of 6-12 months.

USCIS does not provide "confirmation" for each RFE response received. In fact, never does and the "online case status system site" is hardly ever updated. You need to be more patient than that. They've got hundreds of thousands of cases to process.

What is the next step after RFE? ›

After the RFE response is submitted, the adjudicating officer of the case reviews the additional evidence and response submitted. Upon consideration, a final decision will be made. I have seen USCIS take as short as a week, to six months after submitting a response to make its final decision.

Processing time of I‑829 petition

The I‑829 application process takes around 3 years, as indicated on the USCIS website. This is much longer than the expiration date of a conditional Green Card, but in this case, the document is extended. The investor retains resident status while the petition is pending.

USCIS typically says that it will take up to 60 days for a decision to be made on a case once the RFE response is received. Keep in mind that USCIS is processing thousands of these cases, so yours may or may not be one of the first ones they pick up.

According to Lawfully's data analysis of USCIS case status message updates, among the people who received the status message "Response To USCIS' Request For Evidence Was Received," the most probable next update message is "New Card Is Being Produced," (at 61%) after an average of 19 days.

We make every effort to update the processing times every month. For most forms, the processing times displayed are based on data that are one month old. For forms that still use the cycle time methodology, the processing times displayed are based on data captured approximately two months prior to updating the page.

There is no required response time by USCIS after a response to RFE is provided. But by average, USCIS responds within 30-60 days with a final decision.

The government does not send you a notification in the mail. You're not going to receive a mailed paper letter saying, “We got your information.” But what you can check your case status online through this USCIS Tool. Input your receipt number for your application to track your case.

If the petition is filed in Premium or if it is upgraded to Premium after RFE response is filed, USCIS should respond with their decision in 15 calendar days. However if the petition is filed in normal processing, the case usually takes around 6–8 months to be processed.